In re James Q.

Full title: In the Matter of JAMES Q. COMMISSIONER OF THE OFFICE FOR PEOPLE WITH…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Oct 8, 2020

2020 N.Y. Slip Op. 72861 (N.Y. App. Div. 2020)

Opinion

Motion No: 531989

10-08-2020

In the Matter of JAMES Q. COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, Petitioner; JAMES Q., Respondent. SUFFOLK COUNTY DISTRICT ATTORNEY, Respondent.

Garry, P.J., Devine, Aarons and Reynolds Fitzgerald, JJ., concur.

DECISION AND ORDER ON MOTION

Motion, pursuant to CPL 330.20 (21) (a) (i), for permission to appeal and for stay pending appeal.

Application, pursuant to CPL 330.20 (21) (a) (iii), for permission to appeal and for stay pending appeal.

Cross motion, pursuant to CPL 330.20 (21) (a) (ii), for permission to cross-appeal, to proceed anonymously, for expedited briefing schedule and for calendar preference.

Upon the papers filed in support of the motion, the application, and the cross motion, and the papers filed in opposition and in response thereto, it is

ORDERED that the motion, pursuant to CPL 330.20 (21) (a) (i), for permission to appeal is granted, and it is further

ORDERED that the application, pursuant to CPL 330.20 (21) (a) (iii), for permission to appeal is granted, and it is further

ORDERED that the motion and application for a stay pending appeal is granted without prejudice to a motion by respondent to vacate the stay in the event the appeal is not perfected on or before November 6, 2020, and it is further

ORDERED that the cross motion, pursuant to CPL 330.20 (21) (a) (ii), for permission to cross-appeal and to proceed anonymously is granted, and it is further

ORDERED that the cross motion for an expedited briefing schedule and a calendar preference is granted, and the appeal is set down for the January 2021 term of this Court. Appellant-respondent James Q. shall file and serve the record on appeal and brief on or before November 6, 2020. Briefs of respondents-appellants Commissioner of the Office for People with Developmental Disabilities and Suffolk County District Attorney, which shall also contain the points of argument on their appeals, shall be filed and served on or before December 4, 2020. The reply brief of appellant-respondent, if any, shall be filed and served on or before December 11, 2020. The reply briefs of respondents-appellants, if any, shall be filed and served on or before December 18, 2020.

Garry, P.J., Devine, Aarons and Reynolds Fitzgerald, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court